The duty of State authorities to ensure the maintenance of law and order and to produce a detenue from illegal custody if so directed by a Court, and the need to protect high public functionaries from being blackmailed by those with vested interests.

Uma Nath Singh, Dr. Satish Chandra, J.

Memo of appearance of Sri I.B. Singh, Senior Advocate, with Sunil Kumar Singh, Advocate, filed under the signature of learned counsel on record Sri Shiv Chidambar in Court is taken on record.

On 10.02.2011, writ petition No.111 (M/S) of 2011 for issuance of a writ of habeas corpus was filed with the following cause title:

"(1) Sukanya Devi, aged about 24 years, D/o Balram Singh, R/o 23-12, Medical Chowk, Sanjay Gandhi Marg, Chhatrapati Shahu Ji Mahraj Nagar, U.P., through her next friend Kishor Samrite, aged about 42 years, S/o Nanji Samrite, R/o Village & Post - Lanji, District Bala Ghat, Madhya Pradesh.

(2) Balram Singh, adult, S/o not known to the next friend, R/o 23-12, Medical Chowk, Sanjay Gandhi Marg, Chhatrapati Shahu Ji Mahraj Nagar, U.P., through her next friend Kishor Samrite, aged about 42 years, S/o Nanji Samrite, R/o Village & Post - Lanji, District Bala Ghat, Madhya Pradesh.

(3) Sumitra Devi, adult, W/o Balram Singh, R/o 23-12, Medical Chowk, Sanjay Gandhi Marg, Chhatrapati Shahu Ji Mahraj Nagar, U.P., through her next friend Kishor Samrite, aged about 42 years, S/o Nanji Samrite, R/o Village & Post - Lanji, District Bala Ghat,

Madhya Pradesh. -----Petitioners

Versus

(1)State of U.P., through Principal Secretary (Home), Civil Secretariat, Lucknow.

(2)Superintendent of Police, Chhatrapati Shahu Ji Mahraj Nagar, U.P.

(3)Station House Officer, Police Station Amethi, Chhatrapati Shahu Ji Mahraj Nagar, U.P.

(4)Commissioner of Police, New Delhi.

(5)Station House Officer, Police Station Sansad Marg, New Delhi.

(6)Rahul Gandhi, adult, S/o Late Rajiv Gandhi, R/o 10, Janpath, New Delhi. ----Respondents"

The prayers for relief(s) as made in the writ petition are:

"(I) Issue a writ, order or direction in the nature of habeas corpus commanding the opposite parties, particularly opposite party no.6, to produce the petitioners before this Hon'ble Court and set them at liberty;

(II) Issue any other order or direction which it deems fit and proper in the present circumstances, in favour of the petitioners, in the interest of justice, and

(III) Award the cost of petition to the petitioners."

The writ petition is supported by an affidavit sworn in by one Kishor Samrite, Ex-MLA of Balaghat area of Madhya Pradesh who has claimed to be the next friend of the detenues. When the matter was listed on 01.03.2011 for preliminary hearing before a learned Single Judge of this Court, the following order was passed:

"The petitioners claim their detention through their next friend, namely, Mr.Kishor Samrite under the custody of opposite party no.6 since 4th of January, 2007.

Let notice be issued to the opposite party No.6 to submit reply.

List after service report."

It appears that having learnt about the contents of the above writ petition and the order passed therein, the instant writ petition was filed with the cause title as:

"(1) Sukanya Devi, aged about 23 years, D/o Balram Singh, R/o Near Gurudwara Ward No.5 Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar, U.P. through next friend Gajendra Pal Singh, aged about 52 years, son of Jogindra Pal Singh, R/o Near Bus Station Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar.

(2) Balram Singh, aged about 47 years, son of not known, R/o Near Gurudwara Ward No.5 Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar, U.P. through next friend and remote relative Sri Gajendra Pal Singh.

(3) Sumitra alias Mohani Devi, aged about 42 years, R/o Near Gurudwara Ward No.5 Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar, U.P. through next friend Gajendra Pal Singh, aged about 52 years, son of Jogindra Pal Singh, R/o Near Bus Station Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar.

----Petitioners

Versus

1.The State of U.P. through its Principal Secretary, Home Department, U.P. Government, Civil Secretariat, Lucknow.

2.Superintendent of Police Chhatrapati Shahu Ji Mahraj Nagar, U.P.

3.Station House Offi